By Anthony Lavers
This comparative foreign assessment of legislation and perform legal responsibility describes the framework within which legal professionals, insurers, contractors and consumers facing legal responsibility function. The act of establishing comprises danger and, relating to damages taking place after building, it is usually challenging to spot responsibility.
This should be an important reference for building attorneys, insurers and different senior practitioners and executives in undefined, in line with learn and research via CIB (Conseil overseas du Batiment) as a part of the CIB sequence programme.
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Additional resources for Case Studies in Post Construction Liability and Insurance (CIB Programme)
It is a conveyancing transaction, and no building works were the subject of any contract between those parties. The maxim caveat emptor (let the buyer beware) applies in relation to a situation where there is a building defect. Caveat emptor does not mean that the buyer must take a chance, it means that the buyer must take care (Wallis v Russell (1902) 2 IR 585). There is no duty 32 SMITH on either the purchaser or the vendor to a contract for the sale of land to disclose to the other party material facts of which he or she is aware and which materially affect the value of the subject matter of the sale (Terrene Ltd.
The contractor led evidence that the cracks could be filled with sealant and repainting and the aesthetic appearance of the façade restored for a few thousand dollars. The judge held that the owner was not entitled to a new façade, given the limited aesthetic nature of the defect, the time that had elapsed and the fact that the owner had negotiated the 36 SMITH price and a standard of work which did not amount to a ‘Rolls Royce’ level of finish in the façade. In those circumstances, the owner was not entitled to a ‘Rolls Royce’ rectification.
The contractor requires only structural-defects-cover. Structural defects are defined in the Ministerial Order as including defective design, workmanship or materials, which does or would prevent the continued practical use of the building or part thereof. It is hardly arguable that the defective cladding prevents the development from being utilised for its use as business premises, given that the defect is only of a cosmetic nature. On the other hand, the architect’s insurance is much wider: to cover any act, error or omission by the architect.
Case Studies in Post Construction Liability and Insurance (CIB Programme) by Anthony Lavers